22792 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 

factors (e.g., geographical areas and 

professional affiliations). 

Dated: April 22, 2010. 

Vanessa T. Vu, 

Director, EPA Science Advisory Board Staff 

Office. 

[FR Doc. 2010–10135 Filed 4–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[AU Docket No. 10–31; DA 10–524] 

Closed Auction of Broadcast 

Construction Permits Scheduled for 

July 20, 2010; Notice and Filing 

Requirements, Minimum Opening Bids, 

Upfront Payments, and Other 

Procedures for Auction 88 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: This document announces the 

procedures and minimum opening bids 

for the upcoming auction of identified 

Broadcast construction permits (Auction 

88). This document is intended to 

familiarize prospective bidders with the 

procedures and minimum opening bids 

for the auction. 

DATES: Applications to participate in 

Auction 88 must be filed prior to 6 p.m. 

Eastern Time (ET) on May 13, 2010. 

Bidding for construction permits in 

Auction 88 is scheduled to begin on July 

20, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Wireless Telecommunications Bureau, 

Auctions and Spectrum Access Division: 

For legal questions: Lynne Milne or 

Howard Davenport at (202) 418–0660. 

For general auction questions: Jeff 

Crooks at (202) 418–0660 or Linda 

Sanderson at (717) 338–2868. Media 

Bureau, Audio Division: For licensing 

information and service rule questions: 

Lisa Scanlan or Tom Nessinger at (202) 

418–2700. To request materials in 

accessible formats (Braille, large print, 

electronic files or audio format) for 

people with disabilities, send an e-mail 

to fcc504@fcc.gov or call the Consumer 

and Governmental Affairs Bureau at 

(202) 418–0530 or (202) 418–0432 

(TTY). 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Auction 88 Procedures 

Public Notice, which was released on 

March 31, 2010. The complete text of 

the Auction 88 Procedures Public 

Notice, including attachments, as well 

as related Commission documents, are 

available for public inspection and 

copying from 8 a.m. to 4:30 p.m. ET 

Monday through Thursday and from 8 

a.m. to 11:30 a.m. ET on Friday in the 

FCC Reference Information Center, 445 

12th Street, SW., Room CY–A257, 

Washington, DC 20554. The Auction 88 

Procedures Public Notice and related 

Commission documents may also be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc. (BCPI), Portals II, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 202– 

488–5300, facsimile 202–488–5563, or 

Web site: http://www.BCPIWEB.com, 

using document number DA 10–524 for 

the Auction 88 Procedures Public 

Notice. The Auction 88 Procedures 

Public Notice and related documents are 

also available on the Internet at the 

Commission’s Web site: http:// 

wireless.fcc.gov/auctions/88/. 

I. General Information 

A. Introduction 

1. The Wireless Telecommunications 

Bureau and the Media Bureau 

(collectively, the Bureaus) announce the 

procedures and minimum opening bid 

amounts for the upcoming closed 

auction of certain broadcast AM, FM, 

and FM Translator construction permits. 

This auction, which is designated as 

Auction 88, is scheduled to commence 

on July 20, 2010. Auction 88 is a closed 

auction; only those entities listed in 

Attachment A of the Auction 88 

Procedures Public Notice will be eligible 

to participate in this auction. On 

February 4, 2010, the Bureaus released 

a public notice seeking comment on 

competitive bidding procedures to be 

used in Auction 88. Interested parties 

submitted six comments and one reply 

comment in response to the Auction 88 

Comment Public Notice, 75 FR 8070, 

Feb. 23, 2010. 

B. Construction Permits in Auction 88 

2. Auction 88 will offer construction 

permits for 13 commercial full-power 

FM stations, one commercial FM 

translator station, and one commercial 

AM station as listed in Attachment A of 

the Auction 88 Procedures Public 

Notice. The Bureaus explained that, due 

to a database error, the channel for the 

Rosendale, New York, FM allotment 

(construction permit MM–FM750– 

273A) was listed in Attachment A to the 

Auction 88 Comment Public Notice as 

Channel 273A, when in fact the correct 

channel (as reflected in Attachment A of 

the Auction 88 Procedures Public 

Notice) is Channel 255A at Rosendale. 

Accordingly, the winning bidder for the 

Rosendale permit will be required to 

amend its application to specify 

operation on Channel 255. In Auction 

88, the construction permit will be 

referred to as MM–FM750–255A. 

Despite commenter suggestions that the 

Commission should postpone 

conducting any auction for a permit for 

the FM Channel 251A allotment at 

Santa Isabel, Puerto Rico, on the basis 

of uncertainties concerning technical 

issues that may pose difficulties in 

implementing broadcast operations on 

this channel, the Bureaus will offer this 

permit in Auction 88. 

3. Attachment A of the Auction 88 

Procedures Public Notice identifies the 

closed groups of mutually exclusive 

applications for each construction 

permit in this auction. Four applicants 

notified the Bureaus that changes to the 

applicant’s name occurred after the 

original construction permit application 

had been filed. Notwithstanding 

notification of such a change through 

paper-filed application amendments, 

the Commission databases were never 

updated to reflect the new applicant 

name. Consequently, these applicants 

were listed under the original applicant 

name in the Auction 88 Comment 

Public Notice. Attachment A of the 

Auction 88 Procedures Public Notice 

reflects the name changes for the 

following four applicants: (i) BBK 

Broadcasting, Inc. to Radio Plus, Inc., 

(ii) Directel Inc. to SCHC Lubbock 

Application, Inc., (iii) Music Express 

Broadcasting, Inc. to Music Express 

Broadcasting Corp., and (iv) Rosen 

Broadcasting, Inc. to CHET–5 

Broadcasting, L.P. 

4. An applicant listed in Attachment 

A of the Auction 88 Procedures Public 

Notice may become qualified to bid only 

if it meets the filing, qualification and 

payment requirements. Each qualified 

bidder will be eligible to bid on only 

those construction permits specified for 

that qualified bidder in Attachment A of 

the Auction 88 Procedures Public 

Notice. All applicants within these 

groups of mutually exclusive 

applications (MX groups) are directly 

mutually exclusive with one another; 

therefore no more than one construction 

permit will be awarded for each MX 

group. 

i. Dismissal of Applications for Failure 

To Submit FRN 

5. The Auction 88 Comment Public 

Notice established a deadline for the 

submission to the Commission of an 

FCC Registration Number (FRN) by each 

applicant, and warned of 

disqualification from participation in 

the auction and dismissal of any 

application where the applicant failed 

to provide its FRN by the deadline on 

March 12, 2010. Attachment B of the 

Auction 88 Procedures Public Notice 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 22793 

lists applications that were dismissed as 

a result of the applicant’s failure to 

submit the requested FRN by the 

specified deadline. 

6. Due to these dismissals, some 

applications no longer were mutually 

exclusive with other applications and 

are included in Attachment C of the 

Auction 88 Procedures Public Notice. 

The removal of applications in some 

cases has resulted in the removal of 

entire MX groups from the auction. 

Specifically, the failure by an applicant 

to submit its FRN by the specified 

deadline resulted in the removal from 

this auction of two MX groups: An MX 

group for an AM station at Lansing/ 

South Hill, New York (construction 

permit MM–AM041–750) and an MX 

group for an FM translator at 

Manahawkin/Warren Grove, New Jersey 

(construction permit MM–FMT010– 

273). 

ii. Dismissal of Applications for Failure 

To Submit Required Section 307(b) 

Information 

7. AM applications in each of the two 

Indiana MX groups originally scheduled 

for this auction proposed to serve 

different communities. In order to make 

the evaluation required by 47 U.S.C. 

307(b), the Media Bureau directed each 

applicant in closed MX group 

MM–AM039–640 and MX group 

MM–AM040–1230 to submit section 

307(b) information. Attachment B of the 

Auction 88 Procedures Public Notice 

lists applications that no longer will be 

included in Auction 88 as a result of the 

applicant’s failure to submit information 

needed for determinations required by 

section 307(b). 

8. With respect to MX group MM– 

AM039–640, only three applicants 

submitted Section 307(b) showings. 

Having found no dispositive section 

307(b) preference for either of the 

communities specified, these three 

applicants will be included in Auction 

88 as MX group MM–AM039–640. With 

respect to MX group MM–AM040–1230, 

one applicant submitted a timely 

section 307(b) showing. Therefore, the 

engineering proposal for this 

construction permit no longer was 

mutually exclusive with other 

application engineering proposals and is 

listed as a singleton in Attachment C of 

the Auction 88 Procedures Public 

Notice. The Media Bureau dismissed the 

short-form applications (FCC Form 175) 

of the remaining five applicants in the 

MX group. All six MX group MM– 

AM040–1230 applications were 

removed from Auction 88. 

C. Rules and Disclaimers 

i. Relevant Authority 

9. Prospective applicants must 

familiarize themselves thoroughly with 

the Commission’s general competitive 

bidding rules, including recent 

amendments and clarifications, as well 

as Commission decisions in proceedings 

regarding competitive bidding 

procedures, application requirements, 

broadcast service rules and obligations 

of Commission licensees. It is the 

responsibility of all applicants to remain 

current with all Commission rules and 

with all public notices pertaining to this 

auction. The terms contained in the 

Commission’s rules, relevant orders, 

and public notices are not negotiable. 

The Commission may amend or 

supplement information contained in its 

public notices at any time. 

ii. Prohibited Communications and 

Compliance With Antitrust Laws 

10. To ensure the competitiveness of 

the auction process, 47 CFR 1.2105(c) 

prohibits auction applicants for 

construction permits in any of the same 

geographic license areas from 

communicating with each other about 

bids, bidding strategies, or settlements 

unless such applicants have identified 

each other on their short-form 

applications (FCC Form 175) as parties 

with whom they have entered into 

agreements pursuant to 47 CFR 

1.2105(a)(2)(viii). 

a. Entities Subject to Section 1.2105 

11. Unless applicants have identified 

each other on their short-form 

applications seeking to participate in a 

Commission auction as parties with 

whom they have entered into 

agreements under 47 CFR 

1.2105(a)(2)(viii), applicants for any of 

the same geographic license areas must 

affirmatively avoid all communications 

with or disclosures to each other that 

affect or have the potential to affect bids 

or bidding strategy. In some instances, 

this prohibition extends to 

communications regarding the postauction market structure. This 

prohibition applies to all applicants 

regardless of whether such applicants 

become qualified bidders or actually 

bid. The geographic license area is the 

market designation of the particular 

service. For the FM service, the market 

designation is the particular vacant FM 

allotment (e.g., Greenwood, Arkansas, 

Channel 268A, MM–FM744–268A). In 

Auction 88, the rule would apply to 

applicants designated in Attachment A 

of the Auction 88 Procedures Public 

Notice for any of the same allotments or 

permits. 

12. Applicants are also reminded that, 

for purposes of this prohibition on 

certain communications, 47 CFR 

1.2105(c)(7)(i) defines applicant as 

including all officers and directors of 

the entity submitting a short-form 

application to participate in the auction, 

all controlling interests of that entity, as 

well as all holders of partnership and 

other ownership interests and any stock 

interest amounting to 10 percent or 

more of the entity, or outstanding stock, 

or outstanding voting stock of the entity 

submitting a short-form application. For 

example, where an individual served as 

an officer for two or more applicants, 

the Bureaus have found that the bids 

and bidding strategies of one applicant 

are necessarily conveyed to the other 

applicant, and, absent a disclosed 

bidding agreement, an apparent 

violation of 47 CFR 1.2105(c) occurs. 

13. Individuals and entities subject to 

47 CFR 1.2105(c) should take special 

care in circumstances where their 

employees may receive information 

directly or indirectly from a competing 

applicant relating to any competing 

applicant’s bids or bidding strategies. 

Moreover, Auction 88 applicants are 

encouraged not to use the same 

individual as an authorized bidder. A 

violation of 47 CFR 1.2105(c) could 

occur if an individual acts as the 

authorized bidder for two or more 

competing applicants, and conveys 

information concerning the substance of 

bids or bidding strategies between such 

applicants. Also, if the authorized 

bidders are different individuals 

employed by the same organization 

(e.g., law firm or engineering firm or 

consulting firm), a violation similarly 

could occur. In such a case, at a 

minimum, applicants should certify on 

their applications that precautionary 

steps have been taken to prevent 

communication between authorized 

bidders and that applicants and their 

bidding agents will comply with 47 CFR 

1.2105(c). 

b. Prohibition Applies Until Down 

Payment Deadline 

14. 47 CFR 1.2105(c)’s prohibition on 

certain communications begins at the 

short-form application filing deadline 

and ends at the down payment deadline 

after the auction, which will be 

announced in a future public notice. 

c. Prohibited Communications 

15. Applicants should note that they 

must not communicate directly or 

indirectly about bids or bidding strategy 

to other applicants in this auction. 47 

CFR 1.2105(c) prohibits not only a 

communication about an applicant’s 

own bids or bidding strategy, but also a 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
22794 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 

communication of another applicant’s 

bids or bidding strategy. While 47 CFR 

1.2105(c) does not prohibit business 

negotiations among auction applicants, 

applicants must remain vigilant so as 

not to communicate directly or 

indirectly information that affects, or 

could affect, bids or bidding strategy, or 

the negotiation of settlement 

agreements. 

16. The Commission remains vigilant 

about prohibited communications 

taking place in other situations. For 

example, the Commission has warned 

that prohibited communications 

concerning bids and bidding strategies 

may include communications regarding 

capital calls or requests for additional 

funds in support of bids or bidding 

strategies to the extent such 

communications convey information 

concerning the bids and bidding 

strategies directly or indirectly. 

Applicants are hereby placed on notice 

that public disclosure of information 

relating to bids, or bidding strategies, or 

to post-auction market structures may 

violate 47 CFR 1.2105(c), including an 

applicant’s use of the Commission’s 

bidding system or a statement to the 

press, financial analyst or others. 

d. Disclosure of Bidding Agreements 

and Arrangements 

17. The Commission’s rules do not 

prohibit applicants from entering into 

otherwise lawful bidding agreements 

before filing their short-form 

applications, as long as they disclose the 

existence of the agreement(s) in their 

short-form applications. If parties agree 

in principle on all material terms prior 

to the short-form application filing 

deadline, each party to the agreement 

must identify the other party or parties 

to the agreement on its short-form 

application under 47 CFR 1.2105(c), 

even if the agreement has not been 

reduced to writing. If the parties have 

not agreed in principle by the shortform filing deadline, they should not 

include the names of parties to 

discussions on their applications, and 

they may not continue negotiations, 

discussions or communications with 

any other applicants after the short-form 

application filing deadline. 

e. Section 1.2105(c) Certification 

18. By electronically submitting a 

short-form application, each applicant 

in Auction 88 certifies its compliance 

with 47 CFR 1.2105(c) and 73.5002. 

However, the Bureaus caution that 

merely filing a certifying statement as 

part of an application will not outweigh 

specific evidence that a prohibited 

communication has occurred, nor will it 

preclude the initiation of an 

investigation when warranted. The 

Commission has stated that it intends to 

scrutinize carefully any instances in 

which bidding patterns suggest that 

collusion may be occurring. Any 

applicant found to have violated 47 CFR 

1.2105(c) may be subject to sanctions. 

f. Duty To Report Prohibited 

Communications: Reporting Procedure 

19. 47 CFR 1.2105(c)(6) provides that 

any applicant that makes or receives a 

communication that appears to violate 

47 CFR 1.2105(c) must report such 

communication in writing to the 

Commission immediately, and in no 

case later than five business days after 

the communication occurs. The 

Commission has clarified that each 

applicant’s obligation to report any such 

communication continues beyond the 

five-day period after the communication 

is made, even if the report is not made 

within the five-day period. 

20. To maintain the accuracy and 

completeness of information furnished 

in its pending application and to notify 

the Commission of any substantial 

change that may be of decisional 

significance to that application, an 

applicant is required by 47 CFR 1.65 to 

report to the Commission any 

communication the applicant has made 

to or received from another applicant 

after the short-form application filing 

deadline that affects or has the potential 

to affect bids or bidding strategy, unless 

such communication is made to or 

received from a party to an agreement 

identified under 47 CFR 

1.2105(a)(2)(viii). 

21. 47 CFR 1.65(a) and 1.2105(c) 

require applicants in competitive 

bidding proceedings to furnish 

additional or corrected information 

within five days of a significant 

occurrence, or to amend their short-form 

applications no more than five days 

after the applicant becomes aware of the 

need for amendment. A party reporting 

any communication pursuant to 47 CFR 

1.65, 1.2105(a)(2), or 1.2105(c)(6) must 

take care to ensure that any reports of 

prohibited communications do not 

themselves give rise to a violation of 47 

CFR 1.2105(c). For example, a party’s 

report of a prohibited communication 

could violate the rule by communicating 

prohibited information to other 

applicants through the use of 

Commission filing procedures that 

would allow such materials to be made 

available for public inspection. 

22. To minimize the risk of 

inadvertent dissemination of 

information in such reports, any reports 

required by 47 CFR 1.2105(c) must be 

filed consistent with the instructions set 

forth in the Auction 88 Procedures 

Public Notice. For Auction 88, such 

reports should be filed with the Chief of 

the Auctions and Spectrum Access 

Division, Wireless Telecommunications 

Bureau, by the most expeditious means 

available. Specifically, any such report 

should be submitted by e-mail at the 

following address: auction88@fcc.gov, 

or delivered to the following address: 

Margaret W. Wiener, Chief, Auctions 

and Spectrum Access Division, Wireless 

Telecommunications Bureau, Federal 

Communications Commission, 445 12th 

Street, SW., Room 6423, Washington, 

DC 20554. 

23. A party seeking to report such 

prohibited communications should 

consider submitting its report with a 

request that the report or portions of the 

submission be withheld from public 

inspection pursuant to 47 CFR 0.459. 

Such filers must have a cover page that 

prominently displays that confidential 

treatment is sought for the document, 

covering all of the material to which the 

request applies. Such parties also are 

encouraged to coordinate with the 

Auctions and Spectrum Access Division 

staff if they have any questions about 

the procedures for submitting such 

reports. 

g. Winning Bidders Must Disclose 

Terms of Agreements 

24. Applicants that are winning 

bidders will be required to disclose in 

their long-form applications the specific 

terms, conditions, and parties involved 

in any bidding consortia, joint venture, 

partnership; or agreement, 

understanding, or other arrangement 

entered into relating to the competitive 

bidding process. Applicants must be 

aware that failure to comply with the 

Commission’s rules can result in 

enforcement action. 

h. Antitrust Laws 

25. Applicants are also reminded that, 

regardless of compliance with the 

Commission’s rules, they remain subject 

to the antitrust laws, which are designed 

to prevent anticompetitive behavior in 

the marketplace. Compliance with the 

disclosure requirements of 47 CFR 

1.2105(c) will not insulate a party from 

enforcement of the antitrust laws. For 

instance, a violation of the antitrust 

laws could arise out of actions taking 

place well before any party submitted a 

short-form application. If an applicant is 

found to have violated the antitrust laws 

or the Commission’s rules in connection 

with its participation in the competitive 

bidding process, it may be subject to 

forfeiture of its upfront payment, down 

payment or full bid amount and may be 

prohibited from participating in future 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 22795 

auctions, among other sanctions. See 47 

CFR 1.2109(d). 

iii. Due Diligence 

26. The burden of due diligence is on 

the auction applicant. Potential 

applicants are reminded that they are 

solely responsible for investigating and 

evaluating all technical and marketplace 

factors that may have a bearing on the 

value of the construction permits for 

broadcast facilities they are seeking in 

this auction. It is each applicant’s 

responsibility to assure itself that, if it 

wins a construction permit in this 

auction, it will be able to build and 

operate facilities in accordance with the 

Commission’s rules. The Commission 

does not represent or warrant that 

licenses or permits offered are suitable 

for any particular service, nor does a 

Commission construction permit or 

license constitute a guarantee of 

business success. 

iv. Use of Integrated Spectrum Auction 

System 

27. The Commission will make 

available a browser-based bidding 

system to allow bidders to participate in 

Auction 88 over the Internet using the 

Commission’s Integrated Spectrum 

Auction System (ISAS or FCC Auction 

System). The Commission makes no 

warranty whatsoever with respect to the 

FCC Auction System. In no event shall 

the Commission, or any of its officers, 

employees, or agents, be liable for any 

damages whatsoever (including, but not 

limited to, loss of business profits, 

business interruption, loss of business 

information, or any other loss) arising 

out of or relating to the existence, 

furnishing, functioning, or use of the 

FCC Auction System that is accessible 

to qualified bidders in connection with 

this auction. Moreover, no obligation or 

liability will arise out of the 

Commission’s technical, programming, 

or other advice or service provided in 

connection with the FCC Auction 

System. 

v. Environmental Review Requirements 

28. Permittees or licensees must 

comply with the Commission’s rules 

regarding implementation of the 

National Environmental Policy Act and 

other Federal environmental statutes. 

The construction of a broadcast facility 

is a Federal action and the permittee or 

licensee for each such facility must 

comply with the Commission’s 

environmental rules, 47 CFR 1.1301– 

1.1319. 

D. Auction Specifics 

i. Auction Start Date 

29. Bidding in Auction 88 will begin 

on Tuesday, July 20, 2010. The initial 

schedule for bidding will be announced 

by public notice at least one week before 

the start of the auction. Unless 

otherwise announced, bidding on all 

construction permits will be conducted 

on each business day until bidding has 

stopped on all construction permits. 

ii. Bidding Methodology 

30. The bidding methodology for 

Auction 88 will be simultaneous 

multiple round (SMR) bidding. The 

Commission will conduct this auction 

over the Internet using the FCC Auction 

System, and telephonic bidding will be 

available as well. Qualified bidders are 

permitted to bid electronically via the 

Internet or by telephone. All telephone 

calls are recorded. 

iii. Pre-Auction Dates and Deadlines 

31. The following dates and deadlines 

apply: 

Auction Tutorial Available (via Internet) .............................................................................................. May 4, 2010. 

Short-Form Application (FCC Form 175): 

Filing Window Opens ..................................................................................................................... May 4, 2010; 12 noon ET. 

Short-Form Application (FCC Form 175): 

Filing Window Deadline ................................................................................................................. May 13, 2010; prior to 6 p.m. ET. 

Upfront Payments (via wire transfer) ............................................................................................. June 17, 2010; 6 p.m. ET. 

Mock Auction ................................................................................................................................... July 16, 2010. 

Auction Begins ................................................................................................................................. July 20, 2010. 

II. Short-Form Application (FCC Form 

175) Requirements 

A. General Information Regarding 

Short-Form Applications 

32. An application to participate in an 

FCC auction, referred to as a short-form 

application or FCC Form 175, provides 

information used in determining 

whether the applicant is legally, 

technically, and financially qualified to 

participate in Commission auctions for 

licenses or permits. Each applicant must 

take seriously its duties and 

responsibilities and carefully determine 

before filing an application that the 

applicant has the legal, technical and 

financial resources to participate in 

Auction 88, as well as construct and 

operate a broadcast station if the auction 

applicant becomes a licensee as a result 

of its participation in this auction. 

Eligibility to participate in bidding is 

based on the applicants’ short-form 

applications and certifications under 

penalty of perjury, as well as their 

upfront payments. 

33. All applicants for AM stations 

listed in Attachment A of the Auction 

88 Procedures Public Notice previously 

filed short-form applications in 

response to the Supplemental Terre 

Haute Window Notice. All applicants 

for FM stations listed in Attachment A 

of the Auction 88 Procedures Public 

Notice previously filed long-form 

applications. All entities and 

individuals seeking construction 

permits in Auction 88 are required to 

file a new short-form application 

electronically via the FCC Auction 

System prior to 6 p.m. ET on May 13, 

2010, following the procedures 

prescribed in Attachment D of the 

Auction 88 Procedures Public Notice, 

even if the applicant had previously 

filed a short-form application in 

response to the Supplemental Terre 

Haute Window Notice or a long-form 

application. 

34. Applicants bear full responsibility 

for submitting accurate, complete and 

timely short-form applications. All 

applicants must certify on their shortform applications under penalty of 

perjury that they are legally, technically, 

financially, and otherwise qualified to 

hold a license. Applicants should read 

the instructions set forth in Attachment 

D of the Auction 88 Procedures Public 

Notice carefully and should consult the 

Commission’s rules to ensure that, in 

addition to the materials, all the 

information that is required under the 

Commission’s rules is included with 

their short-form applications. Auction 

88 applicants are reminded that they are 

not permitted by 47 CFR 1.2105(b) to 

make major modifications to their 

applications as initially filed (whether 

long-form applications by applicants for 

FM stations or short-form applications 

by applicants for the AM station), 

including any change of their 

construction permit(s), any change of 

control of the applicant, or any change 

to claim eligibility for a higher 

percentage of bidding credit). 

35. Applicants also should note that 

submission of a short-form application 

(and any amendments thereto) 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
22796 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 

constitutes a representation by the 

certifying official that he or she is an 

authorized representative of the 

applicant, that he or she has read the 

form’s instructions and certifications, 

and that the contents of the application, 

its certifications, and any attachments 

are true and correct. Applicants are not 

permitted to make major modifications 

to their applications; such 

impermissible changes include a change 

of the certifying official to the 

application. Submission of a false 

certification to the Commission may 

result in penalties, including monetary 

forfeitures, license forfeitures, 

ineligibility to participate in future 

auctions, and/or criminal prosecution. 

B. Construction Permits in Short-Form 

Application 

36. Auction 88 will resolve pending 

closed groups of mutually exclusive 

applications. Participation in this 

auction is limited to those applicants 

and applications identified in 

Attachment A of the Auction 88 

Procedures Public Notice. Qualifying 

applicants will be eligible to bid only on 

those construction permits for which 

the applicant’s application is designated 

in the particular MX group specified in 

Attachment A of the Auction 88 

Procedures Public Notice. Therefore, 

applicants will not select permits when 

filing the FCC Form 175. 

C. New Entrant Bidding Credit 

37. The Commission adopted a tiered 

New Entrant Bidding Credit for 

broadcast auction applicants with no, or 

very few, other media interests. The 

interests of the applicant, and of any 

individuals or entities with an 

attributable interest in the applicant, in 

other media of mass communications 

are considered when determining an 

applicant’s eligibility for the New 

Entrant Bidding Credit. In Auction 88, 

the bidder’s attributable interests are 

determined as of the short-form 

application filing deadline. Thus, the 

applicant’s maximum new entrant 

bidding credit eligibility will be 

determined as of the short-form 

application filing deadline. Applicants 

intending to divest a media interest or 

make any other ownership changes, 

such as resignation of positional 

interests, in order to avoid attribution 

for purposes of qualifying for the New 

Entrant Bidding Credit must have 

consummated such divestment 

transactions or have completed such 

ownership changes by no later than the 

short-form filing deadline. Prospective 

bidders are reminded, however, that 

events occurring after the short-form 

filing deadline, such as the acquisition 

of attributable interests in media of mass 

communications, may cause 

diminishment or loss of the bidding 

credit, and must be reported 

immediately. 

38. Under traditional broadcast 

attribution rules, such as 47 CFR 

73.3555 Note 2, those entities or 

individuals with an attributable interest 

in a bidder include: (1) All officers and 

directors of a corporate bidder; (2) any 

owner of 5 percent or more of the voting 

stock of a corporate bidder; (3) all 

partners and limited partners of a 

partnership bidder, unless the limited 

partners are sufficiently insulated; and 

(4) all members of a limited liability 

company, unless sufficiently insulated. 

In cases where an applicant’s spouse or 

close family member holds other media 

interests, such interests are not 

automatically attributable to the bidder. 

The Commission decides attribution 

issues in this context based on certain 

factors traditionally considered relevant. 

Applicants should note that the mass 

media attribution rules were revised in 

1999. 

39. Bidders are also reminded that, by 

the New Entrant Bidding Credit 

Reconsideration Order, 64 FR 44856, 

Aug. 18, 1999, the Commission further 

refined the eligibility standards for the 

New Entrant Bidding Credit, judging it 

appropriate to attribute the media 

interests held by very substantial 

investors in, or creditors of, an applicant 

claiming new entrant status. 

Specifically, the attributable mass media 

interests held by an individual or entity 

with an equity and/or debt interest in an 

applicant shall be attributed to that 

bidder for purposes of determining its 

eligibility for the New Entrant Bidding 

Credit, if the equity and debt interests, 

in the aggregate, exceed 33 percent of 

the total asset value of the applicant, 

even if such an interest is non-voting. 

40. In the Diversity Order, 73 FR 

28361, May 16, 2008, the Commission 

relaxed the equity/debt plus (EDP) 

attribution standard, to allow for higher 

investment opportunities in entities 

meeting the definition of eligible 

entities. An eligible entity is defined in 

Note 2(i) of 47 CFR 73.3555. Pursuant to 

the Diversity Order, the Commission 

will now allow the holder of an equity 

or debt interest in the applicant to 

exceed the above-noted 33 percent 

threshold without triggering attribution 

provided (1) the combined equity and 

debt in the eligible entity is less than 50 

percent; or (2) the total debt in the 

eligible entity does not exceed 80 

percent of the asset value, and the 

interest holder does not hold any equity 

interest, option, or promise to acquire 

an equity interest in the eligible entity 

or any related entity. 

41. Generally, media interests will be 

attributable for purposes of the New 

Entrant Bidding Credit to the same 

extent that such other media interests 

are considered attributable for purposes 

of the broadcast multiple ownership 

rules. However, attributable interests 

held by a winning bidder in existing 

low power television, television 

translator or FM translator facilities will 

not be counted among the bidder’s other 

mass media interests in determining its 

eligibility for a New Entrant Bidding 

Credit. A medium of mass 

communications is defined in 47 CFR 

73.5008(b), and includes full service 

noncommercial educational stations, on 

both reserved and nonreserved 

channels. 

i. Application Requirements 

42. In addition to the ownership 

information required pursuant to 47 

CFR 1.2112, applicants seeking a New 

Entrant Bidding Credit are required to 

establish on their short-form 

applications that they satisfy the 

eligibility requirements to qualify for 

the bidding credit. In those cases, a 

certification under penalty of perjury 

must be provided in completing the 

applicant’s short-form application. An 

applicant claiming that it qualifies for a 

35 percent New Entrant Bidding Credit 

must certify that neither it nor any of its 

attributable interest holders have any 

attributable interests in any other media 

of mass communications. An applicant 

claiming that it qualifies for a 25 percent 

New Entrant Bidding Credit must certify 

that neither it nor any of its attributable 

interest holders has any attributable 

interests in more than three media of 

mass communications, and must 

identify and describe such media of 

mass communications. 

ii. Bidding Credits 

43. Applicants that qualify for the 

New Entrant Bidding Credit, as 

specified in the applicable rule, are 

eligible for a bidding credit that 

represents the amount by which a 

bidder’s winning bid is discounted. The 

size of a New Entrant Bidding Credit 

depends on the number of ownership 

interests in other media of mass 

communications that are attributable to 

the bidder-entity and its attributable 

interest-holders: (1) A 35 percent 

bidding credit will be given to a 

winning bidder if it, and/or any 

individual or entity with an attributable 

interest in the winning bidder, has no 

attributable interest in any other media 

of mass communications, as defined in 

47 CFR 73.5008; (2) a 25 percent 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 22797 

bidding credit will be given to a 

winning bidder if it, and/or any 

individual or entity with an attributable 

interest in the winning bidder, has an 

attributable interest in no more than 

three mass media facilities, as defined 

in 47 CFR 73.5008; and (3) no bidding 

credit will be given if any of the 

commonly owned mass media facilities 

serve the same area as the broadcast 

station proposed in the auction, as 

defined in 47 CFR 73.5007(b), or if the 

winning bidder, and/or any individual 

or entity with an attributable interest in 

the winning bidder, has attributable 

interests in more than three mass media 

facilities. 

44. To the extent that one commenter 

suggested that the criteria for the new 

entrant bidding credit be modified for 

Auction 88 with a request that the 

Bureaus allow a bidding credit for any 

applicant with no other broadcast 

facilities, the Bureaus are unable to 

adopt any such revision of existing 

bidding credit rules, that already 

provide that broadcast auction 

applicants with no attributable interests 

in media of mass communications may 

seek a 35 percent bidding credit, or to 

adopt new bidding credits based on 

other criteria. The Bureaus will 

implement for this auction the broadcast 

bidding credit criteria as adopted by the 

Commission in 47 CFR 73.5007– 

73.5008. 

45. Bidding credits are not 

cumulative; qualifying applicants 

receive either the 25 percent or the 35 

percent bidding credit, but not both. 

Attributable interests are defined in 47 

CFR 73.3555 and note 2 of that section. 

Applicants should note that unjust 

enrichment provisions under 47 CFR 

73.5007(c) apply to a winning bidder 

that utilizes a bidding credit and 

subsequently seeks to assign or transfer 

control of its license or construction 

permit to an entity not qualifying for the 

same level of bidding credit. 

D. Disclosure of Bidding Arrangements 

46. Applicants will be required to 

identify in their short-form application 

all parties with whom they have entered 

into any agreements, arrangements, or 

understandings of any kind relating to 

the construction permits being 

auctioned, including any agreements 

relating to post-auction market 

structure. 

47. Applicants also will be required to 

certify under penalty of perjury in their 

short-form applications that they have 

not entered and will not enter into any 

explicit or implicit agreements, 

arrangements or understandings of any 

kind with any parties, other than those 

identified in the application, regarding 

the amount of their bids, bidding 

strategies, or the particular construction 

permits on which they will or will not 

bid. If an applicant has had discussions, 

but has not reached an agreement by the 

short-form application filing deadline, it 

should not include the names of parties 

to the discussions on its application and 

may not continue such discussions with 

any applicants after the deadline. 

48. After the filing of short-form 

applications, the Commission’s rules do 

not prohibit a party holding a noncontrolling, attributable interest in one 

applicant from acquiring an ownership 

interest in or entering into a joint 

bidding arrangement with other 

applicants, provided that: (1) The 

attributable interest holder certifies in 

accordance with 47 CFR 1.2105(c)(4)(i), 

(ii) that it has not and will not 

communicate with any party concerning 

the bids or bidding strategies of more 

than one of the applicants in which it 

holds an attributable interest, or with 

which it has entered into a joint bidding 

arrangement; and (2) the arrangements 

do not result in a change in control of 

any of the applicants. While 47 CFR 

1.2105(c) does not prohibit non-auctionrelated business negotiations among 

auction applicants, applicants are 

reminded that certain discussions or 

exchanges could touch upon 

impermissible subject matters because 

they may convey pricing information 

and bidding strategies. Such subject 

areas include, but are not limited to, 

issues such as management sales, local 

marketing agreements, rebroadcast 

agreements, and other transactional 

agreements. Compliance with the 

disclosure requirements of 47 CFR 

1.2105(c) will not insulate a party from 

enforcement of the antitrust laws. 

E. Ownership Disclosure Requirements 

49. The ownership disclosure 

standards for the short-form application 

are prescribed in 47 CFR 1.2105 and 

1.2112. Specifically, in completing the 

short-form application, all applicants 

will be required to fully disclose 

information on the real party- or partiesin-interest and ownership structure of 

the applicant, including both direct and 

indirect ownership interests of 10 

percent or more. Each applicant is 

responsible for information submitted in 

its short-form application being 

complete and accurate. 

50. For Auction 88, the ownership 

information must conform, in all 

material respects, to the ownership 

information appearing on the 

applicant’s previously-filed long-form 

application (FM and FM translator 

applicants) or short-form application 

(AM applicants). Applicants are 

cautioned that the long-form application 

will be considered newly filed 

according to 47 CFR 1.2105(b)(2) and 

73.3573(a)(1) if the information 

submitted on the electronic short-form 

application reflects that there has been 

a change of control. In such a case, the 

applicant will not be eligible to 

participate in the auction. Accordingly, 

each applicant should carefully review 

any information automatically entered 

in its short-form application to confirm 

that it is complete and accurate as of the 

deadline for filing the short-form 

application. 

F. Provisions Regarding Former and 

Current Defaulters 

51. Current defaulters or delinquents 

are not eligible to participate in Auction 

88, but former defaulters or delinquents 

can participate so long as they are 

otherwise qualified and, make upfront 

payments that are fifty percent more 

than the normal upfront payment 

amounts. An applicant is considered a 

current defaulter or a current delinquent 

when it, any of its affiliates, any of its 

controlling interests, or any of the 

affiliates of its controlling interests, are 

in default on any payment for any 

Commission construction permit or 

license (including a down payment) or 

are delinquent on any non-tax debt 

owed to any Federal agency as of the 

filing deadline for short-form 

applications. An applicant is considered 

a former defaulter or a former 

delinquent when it, any of its affiliates, 

any of its controlling interests, or any of 

the affiliates of its controlling interests, 

have defaulted on any Commission 

construction permit or license or been 

delinquent on any non-tax debt owed to 

any Federal agency, but have since 

remedied all such defaults and cured all 

of the outstanding non-tax 

delinquencies. 

52. On the short-form application, an 

applicant must certify under penalty of 

perjury that it, its affiliates, its 

controlling interests, and the affiliates of 

its controlling interests, as defined by 47 

CFR 1.2110 currently are not in default 

on any payment for a Commission 

construction permit or license 

(including down payments) and that it 

is not currently delinquent on any nontax debt owed to any Federal agency. 

Each applicant must also state under 

penalty of perjury whether it, its 

affiliates, its controlling interests, and 

the affiliates of its controlling interests, 

have ever been in default on any 

Commission construction permit or 

license or have ever been delinquent on 

any non-tax debt owed to any Federal 

agency. Prospective applicants are 

reminded that submission of a false 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
22798 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 

certification to the Commission is a 

serious matter that may result in severe 

penalties, including monetary 

forfeitures, license revocations, 

exclusion from participation in future 

auctions, and/or criminal prosecution. 

These statements and certifications are 

prerequisites to submitting an 

application to participate in an FCC 

auction. 

53. Applicants are encouraged to 

review the Bureaus’ previous guidance 

on default and delinquency disclosure 

requirements in the context of the shortform application process. For example, 

it has been determined that, to the 

extent that Commission rules permit 

late payment of regulatory or 

application fees accompanied by late 

fees, such debts will become delinquent 

for purposes of 47 CFR 1.2105(a) and 

1.2106(a) only after the expiration of a 

final payment deadline. Therefore, with 

respect to regulatory or application fees, 

the provisions of 47 CFR 1.2105(a) and 

1.2106(a) regarding default and 

delinquency in connection with 

competitive bidding are limited to 

circumstances in which the relevant 

party has not complied with a final 

Commission payment deadline. Parties 

are also encouraged to consult with the 

Commission’s Office of Managing 

Director or the Wireless 

Telecommunications Bureau’s Auctions 

and Spectrum Access Division staff if 

they have any questions about default 

and delinquency disclosure 

requirements. 

54. The Commission considers 

outstanding debts owed to the United 

States Government, in any amount, to be 

a serious matter. The Commission 

adopted rules, including a provision 

referred to as the red light rule, that 

implement the Commission’s 

obligations under the Debt Collection 

Improvement Act of 1996, which 

governs the collection of claims owed to 

the United States. Under the red light 

rule, the Commission will not process 

applications and other requests for 

benefits filed by parties that have 

outstanding debts owed to the 

Commission. In the same rulemaking 

order, the Commission explicitly 

declared, however, that the 

Commission’s competitive bidding rules 

are not affected by the red light rule. As 

a consequence, the Commission’s 

adoption of the red light rule does not 

alter the applicability of any of the 

Commission’s competitive bidding 

rules, including the provisions and 

certifications of 47 CFR 1.2105 and 

1.2106, with regard to current and 

former defaults or delinquencies. 

55. Applicants are reminded, 

however, that the Commission’s Red 

Light Display System, which provides 

information regarding debts currently 

owed to the Commission, may not be 

determinative of an auction applicant’s 

ability to comply with the default and 

delinquency disclosure requirements of 

47 CFR 1.2105. Thus, while the red light 

rule ultimately may prevent the 

processing of long-form applications by 

auction winners, an auction applicant’s 

lack of current red light status is not 

necessarily determinative of its 

eligibility to participate in an auction or 

of its upfront payment obligation. 

56. Moreover, prospective applicants 

in Auction 88 should note that any longform applications filed after the close of 

bidding will be reviewed for compliance 

with the Commission’s red light rule, 

and such review may result in the 

dismissal of a winning bidder’s longform application. Applicants that have 

their long-form application dismissed 

will be deemed to have defaulted and 

will be subject to default payments 

under 47 CFR 1.2104(g) and 1.2109(c). 

G. Optional Applicant Status 

Identification 

57. Applicants owned by members of 

minority groups and/or women, as 

defined in 47 CFR 1.2110(c)(3), and 

rural telephone companies, as defined 

in 47 CFR 1.2110(c)(4), may identify 

themselves regarding this status in 

filling out their short-form applications. 

This optional applicant status 

information is collected for statistical 

purposes only and assists the 

Commission in monitoring the 

participation in its auctions of 

designated entities, defined as small 

businesses, businesses owned by 

members of minority groups and/or 

women, and rural telephone companies. 

H. Minor Modifications to Short-Form 

Applications 

58. After the deadline for filing initial 

applications, 47 CFR 1.2105(b) specifies 

that an Auction 88 applicant is 

permitted to make only minor changes 

to its application. Permissible minor 

changes include, among other things, 

deletion and addition of authorized 

bidders (to a maximum of three) and 

revision of addresses and telephone 

numbers of the applicants and their 

contact persons. An applicant is not 

permitted to make a major modification 

to its application (e.g., change control of 

the applicant, change the certifying 

official, or claim eligibility for a higher 

percentage of bidding credit) after the 

initial application filing deadline. Thus, 

any change in control of an applicant, 

resulting from a merger, for example, 

will be considered a major modification 

to the applicant’s application, which 

will consequently be dismissed. In this 

regard, the Bureaus reiterated that, even 

if an applicant’s short-form application 

is dismissed, the applicant would 

remain subject to the communication 

prohibitions of 47 CFR 1.2105(c) until 

the down payment deadline, which will 

be established after the auction closes. 

59. Moreover, after the filing window 

has closed, ISAS will not permit 

applicants to make certain changes, 

such as the applicant’s legal 

classification. Applicants also may not 

change the community of license prior 

to auction. While one commenter’s 

request for a change in the community 

of license from New Holstein, 

Wisconsin, to Chilton, Wisconsin is not 

procedurally proper at this time, the 

winning bidder for FM Channel 225A 

will have the opportunity, when it files 

its post-auction FCC Form 301 

application, to propose a new 

community of license, as long as the 

proposed change is mutually exclusive 

with the allotment and would represent 

a preferential arrangement of allotments. 

60. If an applicant wishes to make 

permissible minor changes to its shortform application, such changes should 

be made electronically to its short-form 

application using the FCC Auction 

System whenever possible. Applicants 

are reminded to click on the SUBMIT 

button in the FCC Auction System for 

the changes to be submitted and 

considered by the Commission. After 

the revised application has been 

submitted, a confirmation page will be 

displayed that states the submission 

time, submission date, and a unique file 

number. 

61. An applicant cannot use the FCC 

Auction System outside of the initial 

and resubmission filing windows to 

make changes to its short-form 

application other than administrative 

changes (e.g. changing certain contact 

information or the name of an 

authorized bidder). If other permissible 

minor changes need to be made outside 

of these windows, the applicant must 

submit a letter briefly summarizing the 

changes and subsequently update its 

short-form application in ISAS once the 

system is available. Any letter 

describing changes to an applicant’s 

short-form application should be 

submitted by e-mail to the following 

address: auction88@fcc.gov. The e-mail 

summarizing the changes must include 

a subject or caption referring to Auction 

88 and the name of the applicant. 

62. Any application amendment and 

related statements of fact must be 

certified by (1) the applicant, if the 

applicant is an individual; (2) one of the 

partners if the applicant is a 

partnership; (3) an officer, director, or 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 22799 

duly authorized employee, if the 

applicant is a corporation; (4) a member 

who is an officer, if the applicant is an 

unincorporated association; (5) the 

trustee, if the applicant is an amateur 

radio service club; or (6) a duly elected 

or appointed official who is authorized 

to make such certifications under the 

laws of the applicable jurisdiction, if the 

applicant is a governmental entity. 

63. Applicants must not submit 

application-specific material through 

the Commission’s Electronic Comment 

Filing System which was used for 

submitting comments regarding Auction 

88. 

I. Maintaining Current Information in 

Short-Form Applications 

64. 47 CFR 1.65 requires an applicant 

to maintain the accuracy and 

completeness of information furnished 

in its pending application and to notify 

the Commission within 30 days of any 

substantial change that may be of 

decisional significance to that 

application. Changes that cause a loss of 

or reduction in the percentage of 

bidding credit specified on the 

originally submitted application must 

be reported immediately. For example, 

if ownership changes result in the 

attribution of new interest holders that 

affect the applicant’s qualifications for a 

new entrant bidding credit, such 

information must be clearly stated in the 

applicant’s amendment. Events 

occurring after the application filing 

deadline, such as the acquisition of 

attributable interests in media of mass 

communications, may also cause 

diminishment or loss of the bidding 

credit, and must be reported 

immediately. If an amendment reporting 

substantial changes is a major 

amendment, as defined by 47 CFR 

1.2105, the major amendment will not 

be accepted and may result in the 

dismissal of the application. 

65. After the application filing 

deadline, applicants may make only 

minor changes to their applications. 

Applicants must click on the SUBMIT 

button in the FCC Auction System for 

any changes to be submitted and 

considered by the Commission. If a 

submission in compliance with 47 CFR 

1.65 is needed outside of the initial and 

resubmission filing windows, applicants 

must submit a brief letter summarizing 

the changes in accordance with the 

instructions specified in the Auction 88 

Procedures Public Notice. 

III. Pre-Auction Procedures 

A. Online Auction Tutorial—Available 

May 4, 2010 

66. On Tuesday, May 4, 2010, the 

Commission will post an educational 

auction tutorial on the Auction 88 Web 

page for prospective bidders to 

familiarize themselves with the auction 

process. This online tutorial will 

provide information about pre-auction 

procedures, completing short-form 

applications, auction conduct, the FCC 

Auction Bidding System, auction rules, 

and broadcast services rules. The 

tutorial will also provide an avenue to 

ask FCC staff questions about the 

auction, auction procedures, filing 

requirements, and other matters related 

to this auction. 

67. The auction tutorial will be 

accessible from the FCC’s Auction 88 

Web page at http://wireless.fcc.gov/ 

auctions/88/ through an Auction 

Tutorial link. Once posted, this tutorial 

will remain available for reference in 

connection with the procedures 

outlined in the Auction 88 Procedures 

Public Notice. 

B. Short-Form Applications—Due Prior 

to 6 p.m. ET on May 13, 2010 

68. In order to be eligible to bid in this 

auction, applicants must first follow the 

procedures set forth in Attachment D of 

the Auction 88 Procedures Public Notice 

to submit a short-form application (FCC 

Form 175) electronically via the FCC 

Auction System. This short-form 

application must be submitted through 

the FCC Auction System prior to 6 p.m. 

ET on May 13, 2010. Late applications 

will not be accepted. An applicant 

always must click on the SUBMIT 

button on the Certify & Submit screen to 

successfully submit its FCC Form 175 

and any modification; otherwise the 

application or changes to the 

application will not be received or 

reviewed. 

C. Application Processing and Minor 

Corrections 

69. After the deadline for filing FCC 

Form 175 applications, the Commission 

will process all timely submitted 

applications to determine which are 

complete, and subsequently will issue a 

public notice identifying (1) those 

applications that are complete; (2) those 

applications that are rejected; and (3) 

those applications that are incomplete 

because of minor defects that may be 

corrected. The public notice will 

include the deadline for resubmitting 

corrected applications. 

70. After the application filing 

deadline on May 13, 2010, applicants 

continue to be able to make only minor 

corrections to their applications. 

Applicants will not be permitted to 

make major modifications to their 

applications (e.g., change control of the 

applicant, change the certifying official, 

or claim eligibility for a higher 

percentage of bidding credit). 

71. Applicants should be aware the 

Commission staff will communicate 

only with an applicant’s contact person 

or certifying official, as designated on 

the applicant’s short-form application, 

unless the applicant’s certifying official 

or contact person notifies the 

Commission in writing that applicant’s 

counsel or other representative is 

authorized to speak on its behalf. Such 

authorizations may be sent by e-mail to 

auction88@fcc.gov. In no event, 

however, will the FCC send registration 

materials to anyone other than the 

contact person listed on the applicant’s 

FCC Form 175 or respond to a request 

for replacement registration materials 

from anyone other than an authorized 

bidder, contact person or certifying 

official listed on the applicant’s FCC 

Form 175. 

D. Upfront Payments—Due June 17, 

2010 

72. In order to be eligible to bid in this 

auction, applicants must submit an 

upfront payment accompanied by an 

FCC Remittance Advice Form (FCC 

Form 159). The Bureaus note that all 

applicants for permits must make an 

upfront payment in order to qualify as 

a bidder and obtain a permit, whether 

or not any other applicant in their MX 

groups becomes a qualified bidder. An 

applicant must initiate the wire transfer 

through its bank, authorizing the bank 

to wire funds from the applicant’s 

account to the Commission’s auction 

payment lockbox bank, the U.S. Bank in 

St. Louis, Missouri. After completing its 

short-form application, an applicant 

will have access to an electronic version 

of the FCC Form 159 that can be printed 

and sent by fax to U.S. Bank in St. 

Louis, Missouri. All upfront payments 

must be made as instructed in this 

Public Notice and must be received in 

the proper account at U.S. Bank before 

6 p.m. ET on June 17, 2010. 

i. Making Upfront Payments by Wire 

Transfer 

73. Wire transfer payments must be 

received before 6 p.m. ET on June 17, 

2010. No other payment method is 

acceptable. The Commission will not 

accept checks, credit cards, or 

automated clearing house (ACH) 

payments. To avoid untimely payments, 

applicants should discuss arrangements 

(including bank closing schedules) with 

their bankers several days before they 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
22800 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 

plan to make the wire transfer, and 

allow sufficient time for the transfer to 

be initiated and completed before the 

deadline. 

74. At least one hour before placing 

the order for the wire transfer (but on 

the same business day), applicants must 

fax a completed FCC Form 159 (Revised 

2/03) to U.S. Bank at (314) 418–4232. 

On the fax cover sheet, applicants 

should write Wire Transfer—Auction 

Payment for Auction 88. In order to 

meet the Commission’s upfront payment 

deadline, an applicant’s payment must 

be credited to the Commission’s account 

for Auction 88 before the deadline. The 

applicant is responsible for obtaining 

confirmation from its financial 

institution that U.S. Bank has timely 

received its upfront payment and 

deposited it in the proper account. 

75. Please note the following 

information regarding upfront 

payments: (1) All payments must be 

made in U.S. dollars; (2) all payments 

must be made by wire transfer; (3) 

upfront payments for Auction 88 go to 

a lockbox number different from the 

lockboxes used in previous FCC 

auctions; and (4) failure to deliver a 

sufficient upfront payment as instructed 

by the specified deadline on June 17, 

2010 will result in dismissal of the 

short-form application and 

disqualification from participation in 

the auction. 

ii. FCC Form 159 

76. A completed FCC Remittance 

Advice Form (FCC Form 159, Revised 2/ 

03) must be faxed to U.S. Bank to 

accompany each upfront payment. 

Proper completion of FCC Form 159 is 

critical to ensuring correct crediting of 

upfront payments. Detailed instructions 

for completion of FCC Form 159 are 

included in Attachment E of the 

Auction 88 Procedures Public Notice. 

An electronic pre-filled version of the 

FCC Form 159 is available after 

submitting the FCC Form 175. Payers 

using the pre-filled FCC Form 159 are 

responsible for ensuring that all of the 

information on the form, including 

payment amounts, is accurate. The FCC 

Form 159 can be completed 

electronically, but must be filed with 

U.S. Bank by fax. 

iii. Upfront Payments and Bidding 

Eligibility 

77. Attachment A of the Auction 88 

Procedures Public Notice sets forth 

minimum opening bids and upfront 

payments for permits being offered in 

this auction. Applicants must make 

upfront payments sufficient to obtain 

bidding eligibility on the construction 

permits on which they will bid. The 

amount of the upfront payment 

determines a bidder’s initial bidding 

eligibility, the maximum number of 

bidding units on which a bidder may 

place bids. In order to bid on a 

particular construction permit, a 

qualified bidder must be identified as an 

applicant for the construction permit in 

Attachment A of the Auction 88 

Procedures Public Notice and must have 

a current eligibility level that meets or 

exceeds the number of bidding units 

assigned to that construction permit. At 

a minimum, therefore, an applicant’s 

total upfront payment must be enough 

to establish eligibility to bid on at least 

one of the construction permits for 

which it is identified as an applicant in 

Attachment A of the Auction 88 

Procedures Public Notice, or else the 

applicant will not be eligible to 

participate in the auction. 

78. An applicant does not have to 

make an upfront payment to cover all 

construction permits for which it is 

identified as an applicant in Attachment 

A of the Auction 88 Procedures Public 

Notice, but only enough to cover the 

maximum number of bidding units that 

are associated with construction permits 

on which the bidder wishes to place 

bids and hold provisionally winning 

bids at any given time. Provisionally 

winning bids are bids that would 

become final winning bids if the auction 

were to close after the given round. 

79. Some commenters requested 

reductions of minimum opening bids for 

specific construction permits which 

correspond to the specific upfront 

payments proposed by the Bureaus in 

the Auction 88 Comment Public Notice. 

To the extent that the Bureaus reduced 

minimum opening bid amounts, the 

corresponding upfront payment amount 

for that construction permit also was 

reduced. With these exceptions, the 

Bureaus adopted the upfront payments 

and bidding units proposed for each 

construction permit in Auction 88. 

Upfront payment amounts and bidding 

units are set forth in Attachment A of 

the Auction 88 Procedures Public 

Notice. 

80. In calculating its upfront payment 

amount, an applicant should determine 

the maximum number of bidding units 

on which it may wish to be active (bid 

on or hold provisionally winning bids 

on) in any single round, and submit an 

upfront payment amount covering that 

number of bidding units. In order to 

make this calculation, an applicant 

should add together the bidding units 

for all construction permits on which it 

seeks to be active in any given round. 

Applicants should check their 

calculations carefully, as there is no 

provision for increasing a bidder’s 

eligibility after the upfront payment 

deadline. Further, a qualified bidder’s 

maximum eligibility will not exceed the 

sum of the bidding units associated with 

the total number of construction permits 

identified for that applicant in 

Attachment A of the Auction 88 

Procedures Public Notice. In some cases, 

a qualified bidder’s maximum eligibility 

may be less than the amount of its 

upfront payment because the qualified 

bidder either has submitted an upfront 

payment that exceeds the total amount 

of bidding units associated with the 

construction permits identified for that 

applicant in Attachment A of the 

Auction 88 Procedures Public Notice or 

has previously been in default on a 

Commission construction permit or 

license or delinquent on non-tax debt 

owed to a Federal agency. 

81. As explained previously in the 

Auction 88 Procedures Public Notice, 

applicants that are former defaulters 

must pay upfront payments 50 percent 

greater than non-former defaulters. If an 

applicant is a former defaulter, it must 

calculate its upfront payment for all of 

its identified construction permits by 

multiplying the number of bidding units 

on which it wishes to be active by 1.5. 

In order to calculate the number of 

bidding units to assign to former 

defaulters, the Commission will divide 

the upfront payment received by 1.5 and 

round the result up to the nearest 

bidding unit. If a former defaulter fails 

to submit a sufficient upfront payment 

to establish eligibility to bid on at least 

one of the construction permits 

designated for that applicant in 

Attachment A of the Auction 88 

Procedures Public Notice, the applicant 

will not be eligible to participate in the 

auction. 

E. Auction Registration 

82. Approximately ten days before the 

auction, the Bureaus will issue a public 

notice announcing all qualified bidders 

for the auction. Qualified bidders are 

those applicants with submitted FCC 

Form 175 applications that are deemed 

timely-filed, accurate, and complete, 

provided that such applicants have 

timely submitted an upfront payment 

that is sufficient to qualify them to bid. 

83. All qualified bidders are 

automatically registered for the auction. 

Registration materials will be 

distributed prior to the auction by 

overnight mail. The mailing will be sent 

only to the contact person at the contact 

address listed in the FCC Form 175 and 

will include the SecurID® tokens that 

will be required to place bids, the 

Integrated Spectrum Auction System 

(ISAS) Bidder’s Guide, and the Auction 

Bidder Line phone number. Qualified 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 22801 

bidders that do not receive this 

registration mailing will not be able to 

submit bids. Therefore, any qualified 

bidder that has not received this mailing 

by noon on Wednesday, July 14, 2010, 

should call (717) 338–2868. Receipt of 

this registration mailing is critical to 

participating in the auction, and each 

applicant is responsible for ensuring it 

has received all of the registration 

material. 

84. In the event that SecurID® tokens 

are lost or damaged, only a person who 

has been designated as an authorized 

bidder, the contact person, or the 

certifying official on the applicant’s 

short-form application may request 

replacements. Qualified bidders 

requiring the replacement of these items 

must call Technical Support at (877) 

480–3201, option nine; (202) 414–1250; 

or (202) 414–1255 (TTY). 

F. Remote Electronic Bidding 

85. The Commission will conduct this 

auction over the Internet, and 

telephonic bidding will be available as 

well. Only qualified bidders are 

permitted to bid. Each applicant should 

indicate its bidding preference— 

electronic or telephonic—on its FCC 

Form 175. In either case, each 

authorized bidder must have its own 

SecurID® token, which the Commission 

will provide at no charge. Each 

applicant with one authorized bidder 

will be issued two SecurID® tokens, 

while applicants with two or three 

authorized bidders will be issued three 

tokens. For security purposes, the 

SecurID® tokens, the telephonic bidding 

telephone number, and the Integrated 

Spectrum Auction System (ISAS) 

Bidder’s Guide are only mailed to the 

contact person at the contact address 

listed on the FCC Form 175. Each 

SecurID® token is tailored to a specific 

auction. SecurID® tokens issued for 

other auctions or obtained from a source 

other than the FCC will not work for 

Auction 88. 

G. Mock Auction—July 16, 2010 

86. All qualified bidders will be 

eligible to participate in a mock auction 

on Friday, July 16, 2010. The mock 

auction will enable qualified bidders to 

become familiar with the FCC Auction 

System prior to the auction. 

Participation by all bidders is strongly 

recommended. Details will be 

announced by public notice. 

IV. Auction Event 

87. The first round of bidding for 

Auction 88 will begin on Tuesday, July 

20, 2010. The initial bidding schedule 

will be announced in a public notice 

listing the qualified bidders, which is to 

be released approximately 10 days 

before the start of the auction. 

A. Auction Structure 

i. Simultaneous Multiple Round 

Auction 

88. All construction permits in 

Auction 88 will be auctioned in a single 

auction using the Commission’s 

standard simultaneous multiple-round 

auction format. This type of auction 

offers every construction permit for bid 

at the same time and consists of 

successive bidding rounds in which 

eligible bidders may place bids on 

individual construction permits. A 

bidder may bid on, and potentially win, 

any number of construction permits. 

Unless otherwise announced, bids will 

be accepted on all construction permits 

in each round of the auction until 

bidding stops on every construction 

permit. 

ii. Eligibility and Activity Rules 

89. The Bureaus will use upfront 

payments to determine initial 

(maximum) eligibility (as measured in 

bidding units) for Auction 88. The 

amount of the upfront payment 

submitted by a bidder determines initial 

bidding eligibility, the maximum 

number of bidding units on which a 

bidder may be active. As noted earlier, 

each construction permit is assigned a 

specific number of bidding units listed 

in Attachment A of the Auction 88 

Procedures Public Notice. Bidding units 

for a given construction permit do not 

change as prices rise during the auction. 

A bidder’s upfront payment is not 

attributed to specific construction 

permits. Rather, a bidder may place bids 

on any of the construction permits for 

which it is designated an applicant in 

Attachment A of the Auction 88 

Procedures Public Notice, as long as the 

total number of bidding units associated 

with those construction permits does 

not exceed its current eligibility. 

Eligibility cannot be increased during 

the auction; it can only remain the same 

or decrease. Thus, in calculating its 

upfront payment amount, an applicant 

must determine the maximum number 

of bidding units it may wish to bid on 

or hold provisionally winning bids on 

in any single round, and submit an 

upfront payment amount covering that 

total number of bidding units. At a 

minimum, an applicant’s upfront 

payment must cover the bidding units 

for at least one of the construction 

permits for which it is designated an 

applicant in Attachment A of the 

Auction 88 Procedures Public Notice. 

The total upfront payment does not 

affect the total dollar amount a bidder 

may bid on any given construction 

permit. 

90. In order to ensure that an auction 

closes within a reasonable period of 

time, an activity rule requires bidders to 

bid actively throughout the auction, 

rather than wait until late in the auction 

before participating. Bidders are 

required to be active on a specific 

percentage of their current bidding 

eligibility during each round of the 

auction. 

91. A bidder’s activity level in a 

round is the sum of the bidding units 

associated with any construction 

permits covered by new and 

provisionally winning bids. A bidder is 

considered active on a construction 

permit in the current round if it is either 

the provisionally winning bidder at the 

end of the previous bidding round or if 

it submits a bid in the current round. 

92. The eligibility and activity rules 

for Auction 88 require a bidder to be 

active on 100 percent of its current 

eligibility during each round of the 

auction. That is, a bidder must either 

place a bid or be a provisionally 

winning bidder during each round of 

the auction. Failure to maintain the 

requisite activity level will result in the 

use of an activity rule waiver, if any 

remain, or a reduction in the bidder’s 

eligibility, possibly curtailing or 

eliminating the bidder’s ability to place 

additional bids in the auction. 

iii. Activity Rule Waivers 

93. In Auction 88, each bidder in the 

auction will be provided with three 

activity rule waivers. It is important for 

bidders to understand that applying a 

waiver is irreversible. Once a bidder 

submits a proactive waiver, the bidder 

cannot unsubmit the waiver even if the 

round has not yet ended. 

iv. Auction Stopping Rules 

94. For Auction 88, the Bureaus will 

employ a simultaneous stopping rule 

approach. A simultaneous stopping rule 

means that all construction permits 

remain available for bidding until 

bidding closes simultaneously on all 

construction permits. More specifically, 

bidding will close simultaneously on all 

construction permits after the first 

round in which no bidder submits any 

new bids or applies a proactive waiver. 

The Bureaus also adopted alternative 

versions of the simultaneous stopping 

rule for Auction 88 as specified in the 

Auction 88 Comment Public Notice. The 

Bureaus retained the discretion to 

exercise any of options with or without 

prior announcement during the auction. 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
22802 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 

v. Auction Delay, Suspension, or 

Cancellation 

95. By public notice or by 

announcement during the auction, the 

Bureaus may delay, suspend, or cancel 

the auction in the event of natural 

disaster, technical obstacle, 

administrative or weather necessity, 

evidence of an auction security breach 

or unlawful bidding activity, or for any 

other reason that affects the fair and 

efficient conduct of competitive 

bidding. 

B. Bidding Procedures 

i. Round Structure 

96. The initial schedule of bidding 

rounds will be announced in the public 

notice listing the qualified bidders, 

which is released approximately 10 

days before the start of the auction. Each 

bidding round is followed by the release 

of round results. Multiple bidding 

rounds may be conducted in a given 

day. 

97. The Bureaus have the discretion to 

change the bidding schedule in order to 

foster an auction pace that reasonably 

balances speed with the bidders’ need to 

study round results and adjust their 

bidding strategies. The Bureaus may 

increase or decrease the amount of time 

for the bidding rounds, the amount of 

time between rounds, or the number of 

rounds per day, depending upon 

bidding activity and other factors. 

ii. Reserve Price and Minimum Opening 

Bids 

98. There will be no reserve price for 

the construction permits to be offered in 

Auction 88. In the Auction 88 Comment 

Public Notice, the Bureaus proposed 

minimum opening bids and 

corresponding upfront payments for the 

permits being offered in this auction. 

The Commission received several 

comments requesting a reduction of the 

proposed minimum opening bids for 

specific construction permits in this 

auction. 

99. A commenter requested a 

reduction from $25,000 to $7,500 of the 

minimum opening bid for the FM 

station construction permit for New 

Holstein, Wisconsin, alleging difficulty 

in finding transmitter sites. The Bureaus 

agreed that some reduction in the 

minimum opening bid was warranted 

and reduced the minimum opening bid 

for MM–FM755–225A to $15,000. 

100. A commenter sought to postpone 

any auction of the permit for Channel 

251A at Santa Isabel, Puerto Rico. 

Recognizing the technical challenges 

that may be involved in implementing 

a broadcast operation with this permit, 

the Bureaus reduced the minimum 

opening bid for Channel 251A at Santa 

Isabel to $25,000. 

101. For the construction permits 

listed in Attachment A of the Auction 

88 Procedures Public Notice, the 

Bureaus adopted the minimum opening 

bid amounts proposed in the Auction 88 

Comment Public Notice, with the 

exception of the reduced minimum 

opening bid amounts for the New 

Holstein and Santa Isabel construction 

permits. The specific minimum opening 

bid amounts for the construction 

permits available in Auction 88 are set 

forth in Attachment A of the Auction 88 

Procedures Public Notice. 

iii. Bid Amounts 

102. If a bidder has sufficient 

eligibility to place a bid on the 

particular construction permit, an 

eligible bidder will be able to place a 

bid on a given construction permit in 

any of up to nine different amounts. The 

FCC Auction System interface will list 

the nine acceptable bid amounts for 

each construction permit. In the event of 

duplicate bid amounts due to rounding, 

the FCC Auction System will omit the 

duplicates and will list fewer acceptable 

bid amounts for the license. The 

Bureaus retained the discretion to 

change, on a construction permit by 

construction permit basis, the minimum 

acceptable bid amounts, the minimum 

acceptable bid percentage, the bid 

increment percentage, and the number 

of acceptable bid amounts if the Bureaus 

determine that circumstances so dictate, 

as well as the discretion to limit (a) the 

amount by which a minimum 

acceptable bid for a construction permit 

may increase compared with the 

corresponding provisionally winning 

bid, and (b) the amount by which an 

additional bid amount may increase 

compared with the immediately 

preceding acceptable bid amount. 

iv. Provisionally Winning Bids 

103. At the end of each bidding 

round, a provisionally winning bid will 

be determined based on the highest bid 

amount received for each construction 

permit. A provisionally winning bid 

will remain the provisionally winning 

bid until there is a higher bid on the 

same construction permit at the close of 

a subsequent round. Provisionally 

winning bids at the end of the auction 

become the winning bids. Bidders are 

reminded that provisionally winning 

bids count toward activity for purposes 

of the activity rule. 

104. In Auction 88, a random number 

generator will be used to select a single 

provisionally winning bid in the event 

of identical high bid amounts being 

submitted on a construction permit in a 

given round (i.e., tied bids) as described 

in the Auction 88 Procedures Public 

Notice. 

v. Bidding 

105. All bidding will take place 

remotely either through the FCC 

Auction System or by telephonic 

bidding. There will be no on-site 

bidding during Auction 88. Please note 

that telephonic bid assistants are 

required to use a script when entering 

bids placed by telephone. Telephonic 

bidders are therefore reminded to allow 

sufficient time to bid by placing their 

calls well in advance of the close of a 

round. The length of a call to place a 

telephonic bid may vary; please allow a 

minimum of ten minutes. 

106. A bidder’s ability to bid on 

specific construction permits is 

determined by two factors: (1) The 

construction permits for which it is 

designated an applicant in Attachment 

A of the Auction 88 Procedures Public 

Notice and (2) the bidder’s eligibility. 

The bid submission screens will allow 

bidders to submit bids on only those 

construction permits designated for that 

applicant in Attachment A of the 

Auction 88 Procedures Public Notice. 

107. In order to access the bidding 

function of the FCC Auction System, 

bidders must be logged in during the 

bidding round using the passcode 

generated by the SecurID® token and a 

personal identification number created 

by the bidder. Bidders are strongly 

encouraged to print a round summary 

for each round after they have 

completed all of their activity for that 

round. 

108. If a bidder has sufficient 

eligibility to place a bid on a particular 

permit, an eligible bidder will be able in 

each round to place bids on a given 

construction permit in any of up to nine 

pre-defined bid amounts. For each 

construction permit, the FCC Auction 

System will list the acceptable bid 

amounts in a drop-down box. Bidders 

use the drop-down box to select from 

among the acceptable bid amounts. The 

FCC Auction System also includes an 

upload function that allows bidders to 

upload text files containing bid 

information. 

109. Until a bid has been placed on 

a construction permit, the minimum 

acceptable bid amount for that 

construction permit will be equal to its 

minimum opening bid amount. Once 

there are bids on a construction permit, 

minimum acceptable bids for a 

construction permit for the following 

round will be determined as described 

in the Auction 88 Procedures Public 

Notice. 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 22803 

110. During a round, an eligible 

bidder may submit bids for as many 

construction permits as it wishes 

(providing that it is eligible to bid), 

remove bids placed in the current 

bidding round, or permanently reduce 

eligibility. If a bidder submits multiple 

bids for the same construction permit in 

the same round, the system takes the 

last bid entered as that bidder’s bid for 

the round. Bidders should note that the 

bidding units associated with 

construction permits for which the 

bidder has removed bids do not count 

towards the bidder’s current activity. 

vi. Bid Removal and Bid Withdrawal 

111. In Auction 88, each bidder will 

have the option of removing any bids 

placed in a round provided that such 

bids are removed before the close of that 

bidding round. By using the remove 

bids function in the FCC Auction 

System, a bidder may effectively 

unsubmit any bid placed within that 

round. A bidder removing a bid placed 

in the same round is not subject to 

withdrawal payments. Removing a bid 

will affect a bidder’s activity for the 

round in which it is removed, i.e., a bid 

that is removed does not count toward 

bidding activity. 

112. Once a round closes, a bidder 

may no longer remove a bid. In Auction 

88, bidders are prohibited from 

withdrawing any bids after the round in 

which bids were placed has closed. 

Bidders are cautioned to select bid 

amounts carefully because no bid 

withdrawals will be allowed in Auction 

88, even if a bid was mistakenly or 

erroneously made. 

vii. Round Results 

113. Reports reflecting bidders’ 

identities for Auction 88 will be 

available before and during the auction. 

Thus, bidders will know in advance of 

this auction the identities of the bidders 

against which they are bidding. 

114. Bids placed during a round will 

not be made public until the conclusion 

of that round. After a round closes, the 

Bureaus will compile reports of all bids 

placed, current provisionally winning 

bids, new minimum acceptable bid 

amounts for the following round, 

whether the construction permit is FCC 

held, and bidder eligibility status 

(bidding eligibility and activity rule 

waivers), and post the reports for public 

access. 

viii. Auction Announcements 

115. The Commission will use auction 

announcements to announce items such 

as schedule changes. All auction 

announcements will be available by 

clicking a link in the FCC Auction 

System. 

V. Post-Auction Procedures 

116. Shortly after bidding has ended, 

the Commission will issue a public 

notice declaring the auction closed, 

identifying the winning bidders, and 

establishing the deadlines for 

submitting down payments, final 

payments, and the long-form 

applications (FCC Forms 301 or 349). 

A. Down Payments 

117. Within ten business days after 

release of the auction closing public 

notice, each winning bidder must 

submit sufficient funds (in addition to 

its upfront payment) to bring its total 

amount of money on deposit with the 

Commission for Auction 88 to 20 

percent of the net amount of its winning 

bids (gross bids less any applicable new 

entrant bidding credits). 

B. Final Payments 

118. Each winning bidder will be 

required to submit the balance of the net 

amount of its winning bids within ten 

business days after the applicable 

deadline for submitting down payments. 

In a departure from the final payment 

rule revision adopted for broadcast 

auctions in the CSEA/Part 1 Report and 

Order, 71 FR 6992, Feb. 10, 2006, a 

commenter proposed that any winning 

bidder with no other broadcast facilities 

be allowed to delay payment of the 

balance of its bid until the submission 

of its long-form application. The 

Bureaus are unable to modify this rule 

which was established by the 

Commission in a rulemaking 

proceeding. The balance of the net 

amount of each winning bid will be due 

within ten business days after the 

deadline for submitting down payments 

for this auction. 

C. Long-Form Application (FCC Forms 

301 or 349) 

119. The Commission’s rules 

currently provide that within thirty days 

after release of the auction closing 

notice, winning bidders must 

electronically submit a properly 

completed long-form application (FCC 

Form 301, Application for Construction 

Permit for Commercial Broadcast 

Station, or FCC Form 349, Application 

for Authority to Construct or Make 

Changes in an FM Translator or FM 

Booster Station) and required exhibits 

for each construction permit won 

through Auction 88. Winning bidders 

claiming new entrant bidding status 

must include an exhibit demonstrating 

their eligibility for the bidding credit in 

accordance with 47 CFR 1.2112(b) and 

73.5005. Further instructions on these 

and other filing requirements will be 

provided to winning bidders in the 

auction closing public notice. 

D. Default and Disqualification 

120. Any winning bidder that defaults 

or is disqualified after the close of the 

auction (i.e., fails to remit the required 

down payment within the prescribed 

period of time, fails to submit a timely 

long-form application, fails to make full 

payment, or is otherwise disqualified) 

will be subject to the payments 

described in 47 CFR 1.2104(g)(2). The 

payments include both a deficiency 

payment, equal to the difference 

between the amount of the bidder’s bid 

and the amount of the winning bid the 

next time a construction permit 

covering the same spectrum is won in 

an auction, plus an additional payment 

equal to a percentage of the defaulter’s 

bid or of the subsequent winning bid, 

whichever is less. 

121. The percentage of the applicable 

bid to be assessed as an additional 

payment for defaults in a particular 

auction is established in advance of the 

auction. The additional default payment 

for this auction was set at twenty 

percent of the applicable bid. 

122. Finally, in the event of a default, 

the Commission has the discretion to reauction the construction permit or offer 

it to the next highest bidder (in 

descending order) at its final bid 

amount. In addition, if a default or 

disqualification involves gross 

misconduct, misrepresentation, or bad 

faith by an applicant, the Commission 

may declare the applicant and its 

principals ineligible to bid in future 

auctions, and may take any other action 

that it deems necessary, including 

institution of proceedings to revoke any 

existing authorizations held by the 

applicant. 

E. Refund of Remaining Upfront 

Payment Balance 

123. After the auction, applicants that 

are not winning bidders or are winning 

bidders whose upfront payment 

exceeded the total net amount of their 

winning bids may be entitled to a 

refund of some or all of their upfront 

payment. All refunds will be returned to 

the payer of record, as identified on the 

FCC Form 159, unless the payer submits 

written authorization instructing 

otherwise. Bidders that drop out of the 

auction completely (have exhausted all 

of their activity rule waivers and have 

no remaining bidding eligibility) may 

request a refund of their upfront 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
22804 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 

payments before the close of the 

auction. 

William W. Huber, 

Associate Chief, Auctions and Spectrum 

Access Division, WTB, Federal 

Communications Commission. 

[FR Doc. 2010–10155 Filed 4–29–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Update to Notice of Financial 

Institutions for Which the Federal 

Deposit Insurance Corporation Has 

Been Appointed Either Receiver, 

Liquidator, or Manager 

AGENCY: Federal Deposit Insurance 

Corporation. 

ACTION: Update listing of financial 

institutions in liquidation. 

SUMMARY: Notice is hereby given that 

the Federal Deposit Insurance 

Corporation (Corporation) has been 

appointed the sole receiver for the 

following financial institutions effective 

as of the Date Closed as indicated in the 

listing. This list (as updated from time 

to time in the Federal Register) may be 

relied upon as ‘‘of record’’ notice that the 

Corporation has been appointed receiver 

for purposes of the statement of policy 

published in the July 2, 1992 issue of 

the Federal Register (57 FR 29491). For 

further information concerning the 

identification of any institutions which 

have been placed in liquidation, please 

visit the Corporation Web site at http:// 

www.fdic.gov/bank/individual/failed/ 

banklist.html or contact the Manager of 

Receivership Oversight in the 

appropriate service center. 

Dated: April 26, 2010. 

Federal Deposit Insurance Corporation. 

Valerie J. Best, 

Assistant Executive Secretary. 

INSTITUTIONS IN LIQUIDATION

[In alphabetical order] 

FDIC Ref. No. Bank name City State Date closed 

10218 ............................... Amcore Bank, National Association ......................... Rockford .......................... IL ................ 4/23/2010 

10219 ............................... Broadway Bank ......................................................... Chicago ........................... IL ................ 4/23/2010 

10220 ............................... Citizens Bank and Trust Company of Chicago ........ Chicago ........................... IL ................ 4/23/2010 

10221 ............................... Lincoln Park Savings Bank ....................................... Chicago ........................... IL ................ 4/23/2010 

10222 ............................... New Century Bank .................................................... Chicago ........................... IL ................ 4/23/2010 

10223 ............................... Peotone Bank and Trust Company .......................... Peotone ........................... IL ................ 4/23/2010 

10224 ............................... Wheatland Bank ........................................................ Naperville ........................ IL ................ 4/23/2010 

[FR Doc. 2010–10159 Filed 4–29–10; 8:45 am] 

BILLING CODE 6714–01–P 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR Part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The applications also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

conducted throughout the United States. 

Additional information on all bank 

holding companies may be obtained 

from the National Information Center 

website at www.ffiec.gov/nic/. 

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than May 27, 2010. 

A. Federal Reserve Bank of Dallas (E. 

Ann Worthy, Vice President) 2200 

North Pearl Street, Dallas, Texas 75201– 

2272: 

1. Independent Bank Group, Inc., 

McKinney, Texas; to acquire 100 

percent of the voting shares of Town 

Center Bank, Coppell, Texas. 

Board of Governors of the Federal Reserve 

System, April 27, 2010. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. 2010–10134 Filed 4–29–10; 8:45 am] 

BILLING CODE 6210–01–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0168; Docket 2010– 

0083; Sequence 20] 

Submission for OMB Review; 

American Recovery and Reinvestment 

Act—One-Time Reporting, 

Compensation Requirements 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Withdrawal of Notice. 

SUMMARY: The notice, OMB Control No. 

9000–0168, American Recovery and 

Reinvestment Act—One-time Reporting, 

Compensation Requirements published 

in the Federal Register is being 

withdrawn and no longer is accepting 

comments. 

DATES: April 30, 2010. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ernest Woodson, Procurement Analyst, 

Contract Policy Branch, at telephone 

(202) 501–3775 or via e-mail to 

ernest.woodson@gsa.gov. Please cite 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1